Historical Stillbirth Burials and Cremations

Patricia Gibson Excerpts

Thursday 6th February 2020 Commons Chamber

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I am very pleased to participate in this debate today. I echo the thanks that have been expressed to the hon. Member for Swansea East (Carolyn Harris) for securing this debate and for all the work that she has done in this area.

The death of a baby is an extremely traumatic event, which impacts on both parents and the wider family for many years, if not forever. It is not something that can simply be got over. It is an event that families and individuals simply learn to live with. The burial of a child is also very traumatic, but it can, for many bereaved parents and their families, form a very important part of the grieving process, and yet it was only in the mid to late 1980s that the death of a baby was truly starting to be recognised as a major bereavement. Until then, as we have heard some Members mention, any baby who died before birth, regardless of the gestation period, was swiftly removed from the labour ward, and parents were not given an opportunity to see or hold them. Some mothers were sedated after the birth because it was thought that this would help them to forget. It was a generally held view among professionals and, indeed, society that parents should forget their babies and that it was best to carry on as though nothing had happened. Grieving was actively discouraged.

Stillbirth truly was a huge taboo, and we are now gradually starting to break down that taboo and deal with these matters with more compassion and sensitivity. I agree with what the right hon. Member for South Holland and The Deepings (Sir John Hayes) said about the role of fathers in such events. Until fairly recently, fathers of babies who died before birth were pretty much ignored, and their role was considered to be one of merely supporting his wife or partner in her attempts to forget about the lost child and to have another child as quickly as possible. It is genuinely hard to believe that, until very recently, that was how we as a society dealt with stillbirth.

Some parents did not even give their baby a name, because they were not advised that they could or should do so. Some did not even know the gender of their baby, and many had no idea about what had happened to their child’s body. As a result, the grief felt at this traumatic life event was silenced and frowned upon, leading to unnecessary isolation, family breakdowns and poor mental health. It is down in great part to the work of charitable groups such as Sands—the stillbirth and neonatal death charity—that these appalling practices and attitudes, which, these days, are hard to believe, began to change.

Recent years have taught us that, although things are better these days, there can be no room for complacency. We have also learned that there are very different practices in baby cremations across the UK, with some parents receiving ashes from some crematoriums, while others are not. The availability of ashes after cremations seems to have depended on the equipment and cremation techniques used and/or how the relevant authority defined ashes. It seems that there was no statutory definition of ashes in the UK. That has now been rectified in legislation, and we have had legislation in Scotland similar to that mentioned by the Minister.

There is also the issue of parents being told that there were no ashes to be recovered when, in fact, there were ashes, but they were sometimes disposed of without the parents’ knowledge. Indeed, such practices led to investigations in Scotland, going back some decades, at Mortonhall crematorium in Edinburgh.

[Dame Diana Johnson]

I am interested in asking the hon. Lady about the Mortonhall investigation inquiry. Does she feel that that helped parents who had questions about what had gone on and why things had happened in the way that they had? Was it something that she would support for other parts of the United Kingdom in cases where there are still questions that have not been answered?

[Patricia Gibson]

The answer to her question is yes. There is no room for complacency. That investigation led to a whole swath of measures to make sure that nothing like this could ever happen again to parents and that the law would indeed be on their side when similar events occurred in the future. That, I think, is something in which the Minister will take an interest.

The investigation, the Infant Cremation Commission report, and the report of the National Cremation Investigation led to positive change. Now, in almost every circumstance, parents should receive the ashes from their baby’s cremation. A code of practice has been established by a national committee on infant cremation, setting out key principles and minimum standards for all organisations conducting infant cremations.

In March 2015, the Scottish Government announced the appointment of an inspector of crematoriums for Scotland to ensure that all crematoriums were adhering to the current legislation and best practice following the national investigation into circumstances surrounding historical infant cremation practices in Scotland. A criminal sanction was introduced to prohibit the cremation of a foetus, a stillborn baby, or an infant with an unrelated person. Indeed, legislation was brought forward to overhaul policy and practice in the burial and cremation sector, with improved staff training.

We also know that, until fairly recently, the parents of stillborn children were never told where or how their baby had been buried. To us today, that seems almost too cruel to be true and utterly beyond comprehension. I had a stillbirth at full term, and I cannot imagine a situation in which my baby would have been removed from me with no information about how or where he was buried. For the parents affected, that must have made the grieving process much more difficult and much more traumatic. We know that some parents who endured this decades ago can perhaps trace their babies’ graves now, but it is something that they should never have to do. It is probably worse if those parents who seek to trace their child’s remains simply cannot find where they are. Imagine the years passing and the questions growing in their head about where their baby is. I can scarcely believe the attitudes of the recent past that thought this was an appropriate way to deal with the lost babies and grieving parents and families.

We know that some of the babies were buried with other babies, or sometimes with other random adults who had recently died in hospital. Parents trying to trace the burial place of their babies years later are therefore not always successful, which simply adds to the torture and pain despite the passing of years. What is clear is that everything that can be done must be done to assist the parents looking for their lost babies.

These parents were not usually informed that their babies’ loss was officially documented and that they could obtain a certification of the baby’s stillbirth. Such certification can bring some comfort because it is an acknowledgement—a recognition—that their baby existed. Most had not even known that they could name their baby.

Patients in all circumstances were kept in the dark for their own protection. It was assumed that if a mother or father were allowed to see their stillborn baby and establish any kind of connection, it would only prolong their grief, but, of course, we know that parents are committed and connected to their children long before their birth—perhaps at the point of conception, or perhaps even earlier, when they imagine themselves as parents for the first time. We recognise that to lose a baby at any point in pregnancy can be profoundly traumatic.

Today, parents are encouraged to see, hold or even dress their stillborn baby if they choose to do so. They can take photographs, handprints, footprints, and a lock of hair. They are encouraged to collect mementos of their baby and grieve for them, as any parent would grieve for a child, no matter how long their life was. To know that so many couples and families have been denied that chance is heartbreaking and, frankly, difficult to comprehend. Parents who lost babies decades ago still speak of the terrible guilt that they feel about not knowing anything about what happened to their baby, or where they are buried. Sadly, though, they had very little choice in these matters, as, still in the fresh bewilderment of their grief, their babies were simply taken from them and nothing more was said. It is hard to believe that, in the ‘60s and ‘70s, this was, if not mandatory, certainly extremely commonplace, and it sounds as though it was something that would have happened hundreds of years ago.

Thankfully, we are more informed and more enlightened about these matters now. I hope that the relevant authorities in all parts of the UK will do all they can, and continue to do all they can, to help such affected parents to find out where their babies are and give them the support that they need. I know that Sands has done some excellent work in this area. Finding a baby’s resting place will surely provide some peace for many of the bereaved parents and their families—peace that is much needed and to which these parents and their wider family members are entitled.

Thankfully, we all now recognise what a huge and traumatic event it is to have a baby that is stillborn and how it casts a lifelong shadow over parents and wider family members as they cope with the absent presence of a child. Whether we are talking about cremation practices or burials, all parents must be given respect and their babies must be given the dignity of a burial or cremation that involves their families and provides a ritual that can be so important when grappling with overwhelming grief.

We are doing things better, but we must not be complacent on this issue, which is hugely significant for the families and parents left behind. It is right that this important debate has taken place, and I again applaud the hon. Member for Swansea East for securing it.

--- Later in debate ---

[Tim Loughton]

That is really the point that I was looking to make, but my right hon. Friend has done it much more clearly.

If it had not been her intention already, perhaps a takeaway from this debate for the Minister might be to send a communication around maternity departments, and indeed local authorities responsible for crematoriums and others, to express the hope that they would co-operate and to set out the exact extent of the potential issue that we are dealing with.

[Patricia Gibson]

To take the hon. Gentleman back to his earlier point, does he agree that the whole thrust behind instituting coroners’ inquiries—or, in Scotland, fatal accident inquiries—when these events happen is, added to the trauma, the complete lack of co-operation or willingness by hospitals to engage with parents in the appropriate way to give them the answers they need, as was certainly my experience?

[Tim Loughton]

That is right, but again, to give the Department of Health, the NHS and Ministers their due, there have been new innovations in internal inquiries into stillbirths that have made it much easier to get a dispassionate look at exactly what happened and give a full explanation of why it was that a pregnancy apparently without complication resulted in the child being stillborn.

The issue, and the reason my Act is so important, is that in a few complicated cases where the explanation is not sufficient for parents or where not enough disclosure is forthcoming—there has been some resistance from the medical profession; some were not in favour of the relevant clause—the fallback position is that if the coroner sees that there is a case to answer, he or she can launch an investigation, regardless of the view of the hospital or, importantly, of the parents, into whether there was more to the stillbirth that merits inquiry and whether there might be wider lessons, particularly with clusters of stillbirths, as we have had with various scandals in hospitals in this country, to ensure greater transparency.

I think the point I am getting at is that it is in everybody’s interests to have greater transparency, to ensure that we reduce the level of stillbirths, which has been too big a problem for this country compared with other western countries, and we can only do that if everybody has full access to all the information about exactly what the causes might have been. That is my ask of the Minister. Can we chase the Department on why the other bits of my Act have not been introduced yet?

I again pay tribute to the hon. Member for Swansea East, who we are all looking forward to hearing, for bringing together the House on another greatly important matter—a matter that may seem of niche interest, but which is of huge interest to parents who have had their lives so affected by the trauma of a stillbirth, particularly where they do not even know what happened to the body of the baby.